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Shawano County Sheriff's Department sued by Joshua Johnson

SHAWANO, WI (WTAQ) - A Wittenberg man who murdered his father is suing the Shawano County Sheriff's Department, alleging that the department's inaction led to the murder.

Joshua Johnson was convicted on February 21, 2012 of killing Donald Johnson. Joshua Johnson was later found to be not guilty by reason of mental disease and is currently at a state psychiatric facility.

According to the lawsuit filed last week:

- Joshua Johnson called Shawano County 911 on Feb. 20, 2012, reporting that he was being raped by his father. He indicated he wanted to meet with officers outside the presence of his father.

- A second call was later made to 911 by Donald Johnson.

- Two deputies were sent to the house.

- "Both deputies took Donald Johnson's word that he could he handle the situation and left Joshua alone with his father without speaking to Joshua out of the presence of his father."

- Joshua Johnson later called 911 again, to report he had killed his father.

- Johnson contends "that had Joshua been interviewed privately or had he been removed from the scene at that time, the tragic death of Donald Johnson would have never occurred."

- Johnson also argues that if the statements to 911 had "been taken seriously, Donald Johnson would be still be alive and this entire episode could have ended much differently with Joshua receiving treatment and being able to resume a normal life."

Johnson's suit does not ask for specific damages.

A companion suit was also filed by Lori and Bob Boris. Lori was Donald's wife before a divorce and is Joshua's mother. The suit repeats the allegations relating to the course of events leading up to the murder. It also claims that the couple had to sell property to pay for Joshua Johnson's legal bills.

The Boris' seek $250,000 in damages.

Shawano County Corporation Counsel Tony Kordus talked with FOX 11 Wednesday afternoon. He said, “We are in receipt of the two lawsuits that were filed. We believe Shawano County has absolutely no liability here whatsoever. We look forward to our day in court and having the lawsuits dismissed."

Shawano County has 45 days to file an answer.